Alexander v. Rice

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 7, 2005
• Docket: 05-7231
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7231

ALEX DAVE ALEXANDER,

Plaintiff - Appellant,

versus

TERENA RICE, Sergeant; ANDRE HUSKINS, Lieutenant at McDowell County Jail; DEPUTY SHERIFF CAMPBELL, at McDowell County Jail; DEPUTY SHERIFF DUNCAN, at McDowell County Jail,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Chief District Judge. (CA-04-180-1)

Submitted: November 22, 2005 Decided: December 7, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alex Dave Alexander, Appellant Pro Se. Patrick Houghton Flanagan, CRANFILL, SUMNER & HARTZOG, L.L.P., Raleigh, North Carolina, Julie L. Kerr, CRANFILL, SUMNER & HARTZOG, L.L.P., Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Alex Dave Alexander seeks to appeal the district court’s

order dismissing his claims against defendant Campbell. This court

may exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(2000), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order Alexander seeks to

appeal is neither a final order nor an appealable interlocutory or

collateral order. Accordingly, we dismiss the appeal for lack of

jurisdiction. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED

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